STATE ETHICS LAW AT ODDS WITH LIEBERMAN'S VIEW

LAUDERHILL -- Contrary to Mayor Ilene Lieberman's assertion, state law did not force her to quietly hire a lawyer and pay $31,000 in legal bills with city funds without City Council approval.

Lieberman on Monday told angry council members that as the target of an ethics complaint "cloaked" in confidentiality, state law barred her from disclosing the matter, so she could not seek their OK before hiring an attorney.

But a state Commission on Ethics spokeswoman said the respondent -- or target -- of a complaint has the right to go public with it.

"The respondent can waive confidentiality. That has always been an option," commission spokewoman Helen Jones said.

City Attorney Richard Michelson agreed, although he argued that targets of complaints should not be forced to go public in order to receive money for their defense.

"You're saying that even though the public official has the privilege of confidentiality, they are required to (give up that right) in order to hire a lawyer?" Michelson said.

At issue are the city-paid legal fees spent defending Lieberman against allegations she brought trumped-up sexual harassment charges against former city Finance Director Michael Arciola. The complaint, which Arciola filed in January 1990, is still pending.

The fees sparked several angry exchanges at this week's two council meetings, with Lieberman and Michelson defending the payments and council President Jim O'Brian and council member Beverly Bard-Stracher questioning the propriety of the payments.

At Monday's meeting, O'Brian, who raised the matter, vowed to take the matter to the Broward State Attorney's Office for investigation. And at a second meeting on Thursday, O'Brian and Bard-Stracher indicated a strong interest in hiring an attorney for the council to try and force the issue in their favor.

O'Brian said he only recently learned of the payments to the mayor's attorney when O'Brian inquired about mounting litigation costs in the city's self- insurance fund, which is used to pay Lieberman's defense in the Arciola case.

When contacted by the Sun-Sentinel, Bard-Stracher and the other three council members said they were not aware of the payments, which have been made over the past 10 months.

But council member John Mullin, in his role as council treasurer, and Bard- Stracher, who held the position before Mullin, have co-signed with Lieberman the city checks paying attorney Sam Goren for his legal services.

In addition, all council members receive regular summary reports on city spending that include a figure for legal expenses in the self-insurance fund.

Lieberman said on Friday that her contention that she initially could not go public with the Arciola complaint is based on her recollection of a discussion with Goren. She said they concluded it would not have been proper to inform the council.

Regardless of the confidentiality issue, Lieberman and Michelson contend the payments were handled properly.

They said the city ordinance governing the self-insurance program allows the city attorney, after consulting with the mayor, to hire and pay an outside attorney to handle certain claims against the city and its elected officials.

O'Brian and Bard-Stracher contend that Lieberman should have sought approval of the bills under the city ordinance requiring council approval of all expenses for professional services over $3,000.